Madhya Pradesh High Court
Smt.Aruna Mishra vs Ajay Kumar on 18 July, 2014
Criminal Revision No. 1767 / 2007.
18/07/2014.
None for the applicant even in second round.
Shri Asutosh Tiwari, PL for the State.
This criminal revision under section 397 read with 401 of Cr.P.C.
has been filed by the applicant / complainant against the impugned
judgment dated 2.8.2007 passed in criminal case no.754/04 by learned
Judicial Magistrate First Class, Khandwa, acquitting the respondents no.
1 to 6 / accused of the charges under sections 467 and 468 of IPC.
On perusal of the impugned judgment it is clear that the learned trial court has relied upon the statement of the attesting witnesses of Will by holding that the Will has been proved according to the provisions of Section 67 of the Evidence Act and by disbelieving the Handwriting expert report. Learned trial court has also considered the fact that the complainant has compounded the offence punishable under section 420 of IPC with the accused. Considering the evidence of the attesting witnesses and further considering the fact that the Will is a registered document, the judgment passed by learned trial court is based on proper appreciation of evidence and proper consideration of provisions of law, which needs no interference in the impugned judgment under the revisional jurisdiction. Therefore, this criminal revision is dismissed.
(Anil Sharma) Judge Parouha/-